NCJ Number
60503
Journal
American Journal of Criminal Law Volume: 7 Issue: 2 Dated: (JULY 1979) Pages: 193-224
Date Published
1979
Length
32 pages
Annotation
A SURVEY OF TEXAS JUVENILE JUDGES SHOWS WIDE VARIATIONS IN THE PROCEDURES USED TO HANDLE CONFESSIONS, DETENTION, INTERROGATIONS, AND CONFINEMENTS. GUIDELINES AND STANDARDS ARE NEEDED FOR THE STATE.
Abstract
IN A SERIES OF DECISIONS THE U.S. SUPREME COURT IDENTIFIED DUE PROCESS PROTECTIONS FOR JUVENILES. NUMEROUS CASELAW AND STATUTORY REVISIONS OCCURRED IN THE JUVENILE JUSTICE SYSTEM; JUVENILE CONFESSIONS AND CONFINEMENT WERE PARTICULARLY AFFECTED. A SURVEY BASED ON THE RESPONSES OF 83 OF THE 133 JUVENILE JUDGES IN TEXAS FOUND THAT INDIVIDUAL JUDGES FACE DIFFICULT DECISIONS WHEN THEY CONSIDER THE ADMISSIBILITY OF A CONFESSION IN A JUVENILE PROCEEDING. THE CHANGE IN TEXAS LAW ALLOWING WAIVER OF MIRANDA RIGHTS WITHOUT AN ATTORNEY HAS NOT RESULTED IN AUTOMATIC ADMISSIONS OF JUVENILE CONFESSIONS. RATHER, JUDGES HAVE BEEN WARY OF TAINTED CONFESSIONS. A MAJOR WEAKNESS IN THE JUVENILE SYSTEM IS THE LACK OF GUIDELINES FOR DETERMINING 'UNDUE DELAY' IN THE APPEARANCE OF A JUVENILE AND 'OVERLONG QUESTIONING.' A VERY SMALL PERCENTAGE OF JUDGES HAD WRITTEN GUIDELINES FOR EITHER OF THESE SITUATIONS AND IN RURAL AREAS, ESPECIALLY, THE JUDGE HAD TO RELY ON 'WORD OF MOUTH' REPORTS TO DETERMINE DELAYS. DETENTION IS ANOTHER TROUBLESOME TOPIC. TEXAS LAW SPECIFIES THAT CONFESSIONS MAY BE OBTAINED ONLY IN CERTIFIED LOCATIONS, USUALLY IN A SECTION OF THE COUNTY JAIL, A SEPARATE JUVENILE DETENTION SECTION OF THE CITY JAIL, THE POLICE STATION, OR THE SHERIFF'S OFFICE. THESE ARE ALSO THE PLACES CERTIFIED FOR PRETRIAL DETENTION. PRACTICES VARY SO WIDELY ACROSS TEXAS THAT WRITTEN GUIDELINES ARE NEEDED TO ASSURE UNIFORM HANDLING. THE TEXAS DEPARTMENT OF HUMAN RESOURCES AND THE TEXAS YOUTH COUNCIL SHOULD HAVE AUTHORITY TO INSPECT THE DETENTION CENTERS. THE EXTENSIVE QUESTIONNAIRE AND THE RESPONSES ARE APPENDED ALONG WITH NOTES AND REFERENCES. (GLR)